Dean's World

Defending the liberal tradition in history, science, and philosophy.

Did Tom DeLay Err On The Side Of Death?

Yet another problem for House Majority Leader Tom DeLay...this one is a biggie, a question raised about his credibility on the Terri Schiavo case.

It seems the Los Angeles Times did a little research and found out that Rep. DeLay's father had been bedridden some years ago and the family had to decide what to do — so they pulled the plug. But perhaps in those days he was merely a part of the Culture of Death:

CANYON LAKE, Texas — A family tragedy unfolding in a Texas hospital during the fall of 1988 was a private ordeal — without judges, emergency sessions of Congress or the raging debate outside Terri Schiavo's Florida hospice.

The patient then was a 65-year-old drilling contractor, badly injured in a freak accident at his home. Among the family standing vigil at Brooke Army Medical Center was a grieving junior congressman — U.S. Rep. Tom DeLay, R-Texas.

This is a long piece, but here are some key sections for your perusal:
More than 16 years ago, far from the political passions that have defined the Schiavo controversy, the DeLay family endured its own wrenching end-of-life crisis. The man in a coma, kept alive by intravenous lines and a ventilator, was DeLay's father, Charles Ray DeLay.

Then, freshly re-elected to a third term in the House, DeLay waited all but helpless for the verdict of doctors.

So it was a typically wrenching case. More:
Today, as House Majority Leader, DeLay has teamed with Senate Majority Leader Bill Frist, R-Tenn., to champion political intervention the Schaivo case. He pushed emergency legislation through congress to shift the legal case from Florida state courts to the federal judiciary.

And he is among the strongest advocates of keeping the woman, who doctors say has been in a persistent vegetative state for 15 years, connected to her feeding tube. DeLay has denounced Schiavo's husband, as well as judges, for committing what he calls "an act of barbarism" in removing the tube.

In 1988, however, there was no such fiery rhetoric as the congressman quietly joined the sad family consensus to let his father die.

But surely Tom DeLay and his relatives agonized over this decision, debated it, talked about the culture of life, waiting until the very last minute, ensuring that their loved one was kept alive long enough to exhaust all possibilities. NOT:
"There was no point to even really talking about it," Maxine DeLay, the congressman's 81-year-old mother, recalled in an interview last week. "There was no way he (Charles) wanted to live like that. Tom knew, we all knew, his father wouldn't have wanted to live that way."

I'm confused. Isn't this the rationale we're hearing in the Terri Schiavo case that DeLay is discounting? More:

Doctors advised that he would "basically be a vegetable," said the congressman's aunt, JoAnne DeLay.

When the man's kidneys failed, the DeLay family decided against connecting him to a dialysis machine. "Extraordinary measures to prolong life were not initiated," said his medical report, citing "agreement with the family's wishes." His bedside chart carried the instruction: "Do Not Resuscitate."

Republicans in Congress would be wise to put a chart like that next to Mr. DeLay's political future, but that's another issue for another time. Right now let's give Mr. Delay the benefit of the doubt: perhaps he has changed his views due to reading, reflection, a genuine religious experience, an appreciation for spiritual values that comes with maturity or getting bad press due to ethics investigations — or a combination of some of these.

Or maybe just one of them.

Delay's spokespeople commented for the LAT piece, but seem to have kept their rebuttal to an absolute minimum:

"The situation faced by the congressman's family was entirely different than Terri Schiavo's," said a spokesman for DeLay, who declined requests for an interview.

"The only thing keeping her alive is the food and water we all need to survive. His father was on a ventilator and other machines to sustain him," said Dan Allen, DeLay's news aide.

There were also these similarities: Both stricken patients were severely brain damaged. Both were incapable of surviving without continuing medical assistance. Both were said to have expressed a desire to be spared life sustained by machine. And neither left a living will.

This previously unpublished account of the majority leader's personal brush with life-ending decisions was assembled from court files, medical records and interviews with family members.

There's much more...but read it all yourself so you can make your own decision. And we're certain peoples' conclusions over this will be grounded in their beliefs about this case.

But one thing seems clear: Mr. DeLay's present stance as he has been under political pressure to do something about this case has been a tad diferent than it was when his own family faced the situation and there were no political pressures on them.

Consistency is not exactly the adjective that can be applied here...

UPDATE: The New York Times offers this report about how he has now quietly stepped out of the spotlight. From my private emails, some suggest he deserves a Profile In Courage for ignoring political opposition or even public resistance. But this story suggests that may just have to wait awhile...

Related Posts (on one page):

  1. Stinky DeLay
  2. Did Tom DeLay Err On The Side Of Death?
Posted by Joe Gandelman | Permalink | Technorati Trackbacks
Jeff Licquia (mail) (www):
I'm sorry, but this is just sick.

Was DeLay's father in worse shape? Yup. Was there a dispute within the DeLay family? None reported. Did they drag the courts into their situation? Nope.

Certainly some of those facts are relevant.

But is there a good political point to be made by beating some guy with the corpse of his dead father?

Yup. Full speed ahead!
3.27.2005 1:03am
Chris Reid (www):
this is absolutely revelant for one reason only: the credibility of having DeLay preside over this case. Does it not seem that maybe, hmm, he could have been slightly biased in his ruling? Is it really that hard to find a judge who hasn't had a family member euthanized?
3.27.2005 1:23am
CJ (mail) (www):
I gotta go with Jeff... I'm a little confused. How many family members were fighting to keep Tom Delay's father alive? Was there anyone arguing that his father did NOT want to die?

There happens to be clear dispute in Terri's case where family members dispute the claim she wanted to die and are willing to keep her alive as they believe she would want to be kept alive.

But anything to score political points, right?
3.27.2005 1:58am
Dean Esmay:
Honestly, the story sickens me--I've never seen such a horrible cheap shot.

1) The man was on a ventilator, not just a feeding tube. That's clearly "life support" and more than Terri needs.

2) There is no indication that the family disputed what DeLay's father wanted. In Terri's case, practically EVERYONE who knew her except her in-name-only "husband" Michael says she would have erred on the side of life.

There is not a SHRED of inconsistency here.

Talk about political grandstanding? This is the worst I've seen. Whether you like DeLay or not, it is the hight of intellectual and emotional dishonesty on the part of the L.A. Times to equate these cases. What a shameful bunch of partisan hacks.
3.27.2005 2:07am
Mark Noonan (mail) (www):
Joe,

I guess I'll pile on, too; this is a disgusting cheap shot; the man's kidneys were failing, he was on a ventilator...and there was no dispute in the family about what to do....
3.27.2005 4:39am
Rhianna (aka rmschoon) (mail) (www):
Alright, since everyone else is taking a cheap shot a Joe, I'll defend him!

The 'disagreement' in the family means a lot to me. I have a Living Will, a Medical Power of Attorney, and a DNR. Even with all 3 of these papers executed while I was in sound mind and body, some members of my family have made it clear they will fight my husband as long as possible to prevent the orders being enforced. So, you can all take the 'the family agreed' argument and shove it. I've made myself clear, and still the law permits extended family from fighting my husband and my own wishes on file. What's worse? The fact a woman stated one thing, and her parents want another (what "everyone" are you talking about Dean? I've seen her mom and a childhood friend, no-one else, willing to go on record in court).

This has everything to do with this case. No one who would wish one thing for their family and something very different on another should be having anything to do with this case, let alone political grandstanding in Washington to defeat the court system and try to run an endzone around the checks-and-balances system of government we have here in the US. When a politican is using the death of a woman as his own political pawn get angry with the politician, not the people that show what he's like in public and behind closed doors.

Joe, thank you for posting this. Even if everyone else is unable to see the link.
3.27.2005 6:16am
Dean Esmay:
Her mother, her father, her brothers and sisters, are all on record, Rhianna.

I don't believe they've all been allowed to stand up in court--fact-finding on any of this ended long ago.

I don't see anyone "piling on" Joe. Just on the Los Angeles Times for a dirty trick. Which is all this is. There is absolutely no allegation in the case of DeLay that anyone in the family disagreed, and it's clear that the man's condition was worse. This is in no way a fair comparison; this is a case where what is needed to keep this young woman alive is far less, where some medical hope is still being held out, and where multiple people who would know don't just say they disagree with Michael but say he's lying.

These two situations are not comparable, no matter whose side you come down on.
3.27.2005 6:54am
Beth Donovan (mail) (www):
Dean is correct. The LA Times should be ashamed of itself - there is no comparison to the two cases.

My mother had a massive cerebral hemorrhage 19 years ago - she had to be on a ventilator to live - she was in a coma and once the neurosurgeon explained that she was brain dead, our family had the ventilator turned off - and she breathed on her own for a day until she slipped away - please note - we would have never, ever removed the feeding tube. Mom's brain damage was complete - she never regained consciousness.

The circumstances for Terri are completely different. There is no comparison.
3.27.2005 6:59am
IB Bill (mail) (www):
The difference between the two cases is crucial, both medically and morally. The Roman Catholic Church, which has dozens and dozens of staff members who have nothing to do but think through the subtlities of all of this, draws the line right between the cases. If you can breathe or pump the blood from your own heart and the case is hopeless, removing extraordinary treatment is okay. If you can breathe and your heart works and everything is fine but you need to be fed, that's not extraordinary treatment. The difference is in allowing someone who has already stopped breathing to stop breathing, and starving someone to death. Pretty clear, right?

The LA Times, which does not have time to think things through, seems to have missed the point.
3.27.2005 7:17am
IB Bill (mail) (www):
That's if you "can't breathe or pump your own blood" ...

Dropping the "not" is a very common typo ...

I also don't vouch for my spelling of the plural noun form of subtle.
3.27.2005 7:20am
Dean Esmay:
Who cares about the Roman Catholic Church's position? How about everyday common sense?

On the one hand we have a man over 80, on a respirator, unconscious, with no medical authorities suggesting any hopeful prognosis, with no one in his family in disagreement as to what his wishes would be.

On the other hand we have a woman, only age 40 or so, not in need of a respirator or anything except food and water, who has not recieved significant therapy in something like a decade even though new methods have been developed since then, with medical doctors--yes in the minority, but still real enough--in dispute about the potential for treatment, and not just both parents but siblings and friends and even one nurse who's treated her saying that her "husband"--who long ago moved on to another woman--is lying.

It is the height of nastiness to suggest that if you have EVER thought someone should be taken off of life support, you must think THIS PERSON should be.

So if I've EVER supported taking ANYONE off of life support for ANY REASON, I'm a hypocrite if I've got problems with THIS CASE? Please. That doesn't even pass the smell test.

As for those of you estranged from your own religious extremist families: you know what? You're projecting that onto Terri's family and friends. Should you? Do you know so much about this case that you're positive Michael is a saint and these people are all just drooling religious fruitcakes? Come off it.
3.27.2005 7:44am
Rhianna (aka rmschoon) (mail) (www):
Dean, 15 years and no improvement. Even Her Majesty's site has links disproving the 'he refused treatment' bullshit. This is emotional blackmail. I've heard it compared to 'killing a dog'. From the side that wants to keep Terri alive! They equate her to a dog! You had a sick dog. He was in pain, he was suffering and you 'put him down' to ease his pain. There was hope of medical treatment if you went to the right countries and saw the right doctors. Are you a 'murderer' for easing the suffering, or a caring being for seeing the futility in a prolonged life of agony? Where in is the difference here? A small minority of doctors say Terri can get up and walk and talk tomorrow if they help her. Every other medical doctor is against such pie-in-the-sky crap. Who's the one being the liar?

The RCC figures VERY, VERY heavily in this case Dean. For an independent observer of religion, an outsider if you will...They have a Fransiscan Monk for a spokesman, an anti-abortion advocate, they keep screaming 'what about her faith'. Religion is very deeply embeded in this. Admit it. Also admit no one is calling them fruitcakes.

Get off the 'other woman' crap. If you mention it again I will post an entire lenghty post of just how many men are 'happily married' that have mistresses and illegitimate children. Do you really want to drag that in here?
3.27.2005 9:32am
IB Bill (mail) (www):
Who cares about the Roman Catholic Church's position? How about everyday common sense?

Well they're not exclusive you know.
3.27.2005 9:58am
Martin (a.k.a. UML Guy) (www):
So where's the video of Mr. Delay's father with eyes wide open, watching the world around him, trying to vocalize in response to questions, and getting by without a ventilator or dialysis machine? I missed that part in this moral equivalence "news" story.

Mr. Gandelman, maybe you should go reread this post. That view that "gets very little publicity and is quite compelling" makes a lot of sense to me.
3.27.2005 10:25am
Dean Esmay:
Rhianna: 15 years no improvement, but damn near 10 with no effort in that regard even though new evidence that the judge won't hear and new treatments that the judge doesn't want to know about are around.

And the "other woman" is his WIFE for God's sake, they live together and have children together. This isn't about adultery, it's about whether he's really the only person qualified to claim to be her family when he's so clarly and obviously moved on.

I agree with what Martin said above: where's the footage of Mr. DeLay's father with eyes wide open, watching the world, laughing, responding to people, and getting by without ventilator or dialysis? Where are the doctor's saying, "We could try this to bring him back?"

There are definite situations where I would support a "pull the plug" scenario. Does that make me a hypocrite if I don't say "pull the plug" in EVERY scenario?
3.27.2005 10:42am
Martin (a.k.a. UML Guy) (www):
Oh, and because I haven't had a chance to quote it in a while (emphasis added):


"a foolish consistency is the hobgoblin of little minds, adored by little statesmen, philosophers and divines" -- Emerson


Emerson forgot to include the L.A. Times in his list.
3.27.2005 11:11am
Masked Menace (mail):
This is emotional blackmail. I've heard it compared to 'killing a dog'. From the side that wants to keep Terri alive! They equate her to a dog! You had a sick dog. He was in pain, he was suffering and you 'put him down' to ease his pain. - Rhianna

Yes, but even then Dean didn't/couldn't lock him in a kennel and starve him to death. The side that wants Terri to live is not equating her with a dog. They are saying she's greater than a dog, but being treated as less than one.

BK
3.27.2005 1:03pm
Jim Ausman (mail):
Dean there are other people who have testified that Terri stated she would not want to kept alive in such a state. Okay, for the life of me I can't find out who these other people are, even after half an hour of Googling. Michael's siblings, to be sure and unspecified "others."

And yeah, there are lots of good reasons to dislike Tom DeLay, but this isn't one of them. These two cases aren't very much alike, and I think he clearly did the right thing by his father.
3.27.2005 2:32pm
Jeff Licquia (mail) (www):
For the record, if Rhianna had three separate legal papers executed specifying her wishes, and something bad and high-profile happened to her, I'd be all for respecting those wishes no matter what her family said. I'd also consider legislative action to invalidate those wishes to be very clearly inappropriate.

But we don't have that with Terri, do we?
3.27.2005 4:34pm
TM Lutas (mail) (www):
There are some clear defects in the law that have been uncovered by the Schiavo case. It's pretty clear that a large number of people are uncomfortable with the idea that husbands can be ejected from their wives affairs through divorce but if they cannot be ejected, for practical purposes, even if they are classic adulterers. If Florida had been a common law marriage state, Michael Schiavo would have been prosecuted for bigamy years ago.

So, "pull the tube" advocates, at what point of marital betrayal do you think it's appropriate to allow somebody else to initiate divorce proceedings against an incapacitated woman's husband? Who should be permitted that third party role? Terri Schiavo's almost dead, probably will be dead before the week is out. It would be a shame if some good legislative change didn't come out of her suffering.
3.27.2005 7:58pm
jane m:
Chris Reid

Tom Delay is the House Majority Leader, not a judge in the Schiavo case.
3.27.2005 9:02pm
Martin (a.k.a. UML Guy) (www):

From my private emails, some suggest he deserves a Profile In Courage for ignoring political opposition or even public resistance. But this story suggests that may just have to wait awhile...


So Mr. Gandelman, after this story has been completely ripped to shreds as a partisan case of apples and oranges, you still believe that it suggests anything about Speaker DeLay? Without addressing even one of the criticisms of the story?

All this story suggests is that the L.A. Times hasn't changed their tactics one iota since the Gubernatorial Recall election. Slime, slime, and more slime, and facts are just inconveniences to be ignored.
3.27.2005 9:34pm
Bryan AWS (mail) (www):
I've got to agree with the rest that this is an apples and oranges comparison and shame on the LAT for bringing it up. Or perhaps shame on them not knowing the difference.
3.27.2005 10:16pm
Dean Esmay:
Jim: Dean there are other people who have testified that Terri stated she would not want to kept alive in such a state.

Well Jim I've done a lot of reading on this and I haven't found much there besides Michael's word there myself. And it's seemed to me that this judge (it really does all come down to one Florida judge) has been unusually stubborn and unwilling to look at new evidence in this case.

Whatever. It's almost over. We can be thankful for that.

Jeff: For the record, if Rhianna had three separate legal papers executed specifying her wishes, and something bad and high-profile happened to her, I'd be all for respecting those wishes no matter what her family said. I'd also consider legislative action to invalidate those wishes to be very clearly inappropriate.

Yeah, I feel exactly the same way.
3.27.2005 10:17pm
Rhianna (aka rmschoon) (mail) (www):
Dean, you're saying the 11th Circut in Atlanta, even the FULL 11th Circuit, and the SCOTUS are 'one Florida Judge'? They have petitioned and petitoned, and been refused by all 3. Get off the 'one judge'. There are 12 judges on the 11th Circuit, there are another 9 justices on the SCOTUS. Add to this the 14 judges that sit on the 2nd District Court of Appeal in Florida, then add the 7 judges on the Florida Supreme Court. Then there is Justice Richard Lazzara. Let's also add in the 4 Judges for the 6th Judicial Circuit of Florida and the 15 justices sitting on the 1st District Court of Appeals. Oh, and there is also David Demeris, Chief Justice of the Pinellas County Circuit Court, and W. Douglas Baird, another Circuit Court Judge, and Federal District Court Judge James D. Whittemore, Middle District of Florida. That makes, all told, 60 Judges that have heard this case. (All the courts and justices were gotten via Goggling terms on on this page.)

If you're going to quote numbers, be intellectually honest when you do so. If not, there will be those that will confront you (like me).
3.28.2005 2:43am
Rhianna (aka rmschoon) (mail) (www):
Oh, and on the 'wife' front, unless you've got a legal document proving the man is practicing polygamy, get off it!
3.28.2005 2:45am
Dean Esmay:
As I have already said, Rhianna, almost all of those judges did not rule on the FACTS of the case, merely on whether that one judge had followed procedure accordingly.

If you've got evidence to the contrary, share it. Otherwise, your claim that "60 judges have heard this case" is simply false. They've made sure the first judge didn't violate any rules--nothing more.
3.28.2005 2:54am
Bryan AWS (mail) (www):
If you've got evidence to the contrary, share it. Otherwise, your claim that "60 judges have heard this case" is simply false. They've made sure the first judge didn't violate any rules--nothing more.

In fact, the federal judge only ruled on whether he thought the family might win the case if it were heard. The entire federal line of appeals was based on whether he had followed procedure in that decision.

None of the federal courts have "heard" the case.

As well, the Supreme Court rejection means that the court did not hear or decide on the issues of the case. They may do so because they agree with a lower court decision or because they do not feel the issues are sufficient enough for them to be involved, or - as is more likely the case here - the particular case is not precedential and deals only with one person.
3.28.2005 6:41am
Rhianna (aka rmschoon) (mail) (www):
As I have already said, Rhianna, almost all of those judges did not rule on the FACTS of the case, merely on whether that one judge had followed procedure accordingly.


So by your own answer, you admit more than one judge has heard SOME if not ALL the 'facts'. I mention is as 'facts' do to the "he put her in this condition" that has NO PROOF provided.

So, what are you arguing exactly Dean? That it is
And it's seemed to me that this judge (it really does all come down to one Florida judge) has been unusually stubborn and unwilling to look at new evidence in this case. OR As I have already said, Rhianna, almost all of those judges did not rule on the FACTS of the case, merely on whether that one judge had followed procedure accordingly.


It's like cake Dean, one can't have it and eat it too.

And, I do notice you dropped the 'his wife' crap, but have yet to quantify this is because you have NO LEGAL PAPERS claiming she has ever been such. Why is that?
3.28.2005 9:44am
Bryan AWS (mail) (www):
And, I do notice you dropped the 'his wife' crap, but have yet to quantify this is because you have NO LEGAL PAPERS claiming she has ever been such. Why is that?

Actually, the fact that he's living with her and has already had two children with her (who, I assume, go by the name Schiavo) would seem to make them common law husband and wife, which means that he's a practicing bigamist, regardless of the niceties about caring for his wife.
3.28.2005 5:23pm
M. Scott Eiland (mail):
<i>Actually, the fact that he's living with her and has already had two children with her (who, I assume, go by the name Schiavo) would seem to make them common law husband and wife, which means that he's a practicing bigamist, regardless of the niceties about caring for his wife.</i>

1. Florida doesn't recognize common-law marriage;

2. Even if it did, there's no such thing as "common law bigamy." Adultery, yes--but not common law bigamy.
3.28.2005 7:00pm
Rhianna (aka rmschoon) (mail) (www):
Thank you M. Scott Eiland.


Bryan, do you want a laundry list of powerful people with open adultery? Or shall we drop the pretense to morality now?
3.28.2005 7:19pm
Dean Esmay:
Rhianna: You are growing unnecessarily antagonistic and insulting. I'm getting a little tired of it.

I'm going to repeat myself for you one more time:

1) The claim that 60 judges has reviewed the facts of this case is simply false. Or, at best, a half-truth. Most of them have reviewed procedure, not fact, and some facts have never even been examined by any court.

That's just the way it is.

2) As I have said already, it's pretty clear to me that Michael is Terri's husband IN NAME ONLY, as a matter of LEGAL TECHNICALITY ONLY. I completely stand by that. His real wife and family these days is the woman he's living with.

Now I've had enough of this--stop injecting your own personal issues with your own family into this case. And stop insulting me just for disagreeing with you.
3.28.2005 8:32pm